Dinotefuran; Receipt of Applications for Emergency Exemptions, Solicitation of Public Comment, 17251-17252 [2017-07135]

Download as PDF Federal Register / Vol. 82, No. 67 / Monday, April 10, 2017 / Notices 17251 TABLE 3—REGISTRANTS REQUESTING VOLUNTARY CANCELLATION AND/OR AMENDMENTS—Continued EPA company No. Company name and address 61842 .............................................. Tessenderlo Kerley, Inc., Agent Name: Pyxis Regulatory Consulting, Inc., 4110 136th Street Ct. NW., Gig Harbor, WA 98332. Makhteshim Agan of North America, Inc., D/B/A Adama, 3120 Highwoods Blvd., Suite 100, Raleigh, NC 27604. Prorestore Products, Agent Name: Lewis & Harrison, LLC, 122 C Street NW., Suite 505, Washington, DC 20001. White Cap, Inc., Agent Name: Delta Analytical Corp., 12510 Prosperity Drive, Suite 160, Silver Spring, MD 20904. Valent Biosciences Corporation, 870 Technology Way, Libertyville, IL 60048–6316. Coeus Technology, Inc., 5540 West 53rd Street Parkway, Anderson, IN 46013. Mebrom Corp., Agent Name: PRA Registrations, LLC, 8595 Collier Blvd., Suite 107–51, Naples, FL 34114. Jiangsu Fengdeng Crop Science Co., Ltd., Agent Name: Pyxis Regulatory Consulting, Inc., 4110 136th St., CT NW., Gig Harbor, WA 98332. Kocide, LLC, Agent Name: Wagner Regulatory Associates, Inc., P.O. Box 640, Hockessin, DE 19707. 66222 .............................................. 70385 .............................................. 72138 .............................................. 73049 87538 89816 90736 .............................................. .............................................. .............................................. .............................................. 91411 .............................................. asabaliauskas on DSK3SPTVN1PROD with NOTICES III. What is the Agency’s authority for taking this action? Section 6(f)(1) of FIFRA (7 U.S.C. 136d(f)(1)) provides that a registrant of a pesticide product may at any time request that any of its pesticide registrations be canceled or amended to terminate one or more uses. FIFRA further provides that, before acting on the request, EPA must publish a notice of receipt of any such request in the Federal Register. Section 6(f)(1)(B) of FIFRA (7 U.S.C. 136d(f)(1)(B)) requires that before acting on a request for voluntary cancellation, EPA must provide a 30-day public comment period on the request for voluntary cancellation or use termination. In addition, FIFRA section 6(f)(1)(C) (7 U.S.C. 136d(f)(1)(C)) requires that EPA provide a 180-day comment period on a request for voluntary cancellation or termination of any minor agricultural use before granting the request, unless: 1. The registrants request a waiver of the comment period, or 2. The EPA Administrator determines that continued use of the pesticide would pose an unreasonable adverse effect on the environment. The registrants listed in Table 3 of Unit II have requested that EPA waive the 180-day comment period. Accordingly, EPA will provide a 30-day comment period on the proposed requests. IV. Procedures for Withdrawal of Requests Registrants who choose to withdraw a request for product cancellation or use termination should submit the withdrawal in writing to the person listed under FOR FURTHER INFORMATION CONTACT. If the products have been subject to a previous cancellation action, the effective date of cancellation and all other provisions of any earlier cancellation action are controlling. VerDate Sep<11>2014 20:02 Apr 07, 2017 Jkt 241001 V. Provisions for Disposition of Existing Stocks Existing stocks are those stocks of registered pesticide products that are currently in the United States and that were packaged, labeled, and released for shipment prior to the effective date of the cancellation action. EPA proposes to include the following provisions for the treatment of any existing stocks of the products listed in Table 1 and Table 2 of Unit II. A. For Products 706–69, 10324–169, 10324–174, 10324–184, 10324–197, 10324–218, 10807–438 and 33176–24. The registrant has requested to the Agency via letter to sell existing stocks for an 18-month period for products 706–69, 10324–169, 10324–174, 10324– 184, 10324–197, 10324–218, 10807–438 and 33176–24. Because the Agency has identified no significant potential risk concerns associated with these pesticide products, upon cancellation, EPA anticipates allowing registrants to sell and distribute existing stocks of these products for 1 year and 6 months, after publication of the Cancellation Order in the Federal Register. Thereafter, registrants will be prohibited from selling or distributing the pesticides identified in Table 1 of Unit II., except for export consistent with FIFRA section 17 or for proper disposal. Persons other than registrants will generally be allowed to sell, distribute, or use existing stocks until such stocks are exhausted, provided that such sale, distribution, or use is consistent with the terms of the previously approved labeling on, or that accompanied, the canceled products. B. For All Other Products Identified in Table 1 and Table 2 of Unit II. Because the Agency has identified no significant potential risk concerns associated with these pesticide PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 products, upon cancellation of the products or termination of uses identified in Table 1 and Table 2 of Unit II., EPA anticipates allowing registrants to sell and distribute existing stocks of these products for 1 year after publication of the Cancellation Order in the Federal Register. Thereafter, registrants will be prohibited from selling or distributing the pesticides identified in Table 1 and Table 2 of Unit II., except for export consistent with FIFRA section 17 (7 U.S.C. 136o) or for proper disposal. Persons other than registrants will generally be allowed to sell, distribute, or use existing stocks until such stocks are exhausted, provided that such sale, distribution, or use is consistent with the terms of the previously approved labeling on, or that accompanied, the canceled products. Authority: 7 U.S.C. 136 et seq. Dated: March 2, 2017. Delores Barber, Director, Information Technology and Resources Management Division, Office of Pesticide Programs. [FR Doc. 2017–07138 Filed 4–7–17; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OPP–2017–0135; FRL–9960–10] Dinotefuran; Receipt of Applications for Emergency Exemptions, Solicitation of Public Comment Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: EPA has received specific exemption requests from the West Virginia, Virginia, and Pennsylvania Departments of Agriculture to use the insecticide dinotefuran (CAS No. 165252–70–0) to treat pome and stone SUMMARY: E:\FR\FM\10APN1.SGM 10APN1 17252 Federal Register / Vol. 82, No. 67 / Monday, April 10, 2017 / Notices fruit orchards to control the brown marmorated stinkbug. The applicants propose a use which is supported by the Interregional Research Project Number 4 (IR–4) program, has been requested in 5 or more previous years, and a petition for tolerance has not been submitted to the Agency. Therefore, EPA is soliciting public comment before making the decision whether or not to grant the exemptions. DATES: Comments must be received on or before April 25, 2017. ADDRESSES: Submit your comments, identified by docket identification (ID) number EPA–HQ–OPP–2017–0135, by one of the following methods: • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the online instructions for submitting comments. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. • Mail: OPP Docket, Environmental Protection Agency Docket Center (EPA/ DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC 20460–0001. • Hand Delivery: To make special arrangements for hand delivery or delivery of boxed information, please follow the instructions at https:// www.epa.gov/dockets/where-sendcomments-epa-dockets. Additional instructions on commenting or visiting the docket, along with more information about dockets generally, is available at https:// www.epa.gov/dockets. FOR FURTHER INFORMATION CONTACT: Michael L. Goodis, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460–0001; main telephone number: (703) 305–7090; email address: RDFRNotices@epa.gov. SUPPLEMENTARY INFORMATION: asabaliauskas on DSK3SPTVN1PROD with NOTICES I. General Information A. Does this action apply to me? You may be potentially affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. The following list of North American Industrial Classification System (NAICS) codes is not intended to be exhaustive, but rather provides a guide to help readers determine whether this document applies to them. Potentially affected entities may include: • Crop production (NAICS code 111). • Animal production (NAICS code 112). • Food manufacturing (NAICS code 311). VerDate Sep<11>2014 20:02 Apr 07, 2017 Jkt 241001 • Pesticide manufacturing (NAICS code 32532). B. What should I consider as I prepare my comments for EPA? 1. Submitting CBI. Do not submit this information to EPA through www.regulations.gov or email. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD–ROM that you mail to EPA, mark the outside of the disk or CD–ROM as CBI and then identify electronically within the disk or CD–ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. 2. Tips for preparing your comments. When preparing and submitting your comments, see the commenting tips at https://www.epa.gov/dockets/ commenting-epa-dockets. 3. Environmental justice. EPA seeks to achieve environmental justice, the fair treatment and meaningful involvement of any group, including minority and/or low income populations, in the development, implementation, and enforcement of environmental laws, regulations, and policies. To help address potential environmental justice issues, the Agency seeks information on any groups or segments of the population who, as a result of their location, cultural practices, or other factors, may have atypical or disproportionately high and adverse human health impacts or environmental effects from exposure to the pesticide(s) discussed in this document, compared to the general population. II. What action is the agency taking? Under section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C. 136p), at the discretion of the EPA Administrator, a Federal or State agency may be exempted from any provision of FIFRA if the EPA Administrator determines that emergency conditions exist which require the exemption. The West Virginia, Virginia, and Pennsylvania Departments of Agriculture have requested the EPA Administrator to issue specific exemptions for the use of dinotefuran on pome and stone fruit to control the brown marmorated stinkbug. Information in accordance with 40 CFR part 166 was submitted as part of the requests. The applicants assert that the PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 rapid spread of large outbreaks of the brown marmorated stinkbug (BMSB) resulted in an urgent and non-routine pest control situation that is expected to cause significant economic losses without the requested use. The applicants propose no more than two applications at a rate of 0.203 to 0.304 lb. (maximum 0.608 lb.) of dinotefuran per acre, on up to 60,000 acres of pome and stone fruit grown in the requesting states, from April 1 to October 15, 2017. A total of 36,480 lbs. of dinotefuran could be used (maximum acreage at highest rate). This notice does not constitute a decision by EPA on the applications themselves. The regulations governing FIFRA section 18 at 40 CFR 166.32(a)(7), require publication of a notice of receipt of an application for a specific exemption proposing a use which is supported by the IR–4 program, has been requested in 5 or more previous years, and a petition for tolerance has not yet been submitted to the Agency. The notice provides an opportunity for public comment on the applications. The Agency will review and consider all comments received during the comment period in determining whether to issue the specific exemptions requested by the West Virginia, Virginia, and Pennsylvania Departments of Agriculture. Authority: 7 U.S.C. 136 et seq. Dated: March 23, 2017. Daniel J. Rosenblatt, Acting Director, Registration Division, Office of Pesticide Programs. [FR Doc. 2017–07135 Filed 4–7–17; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [9956–74–OEI] Cross-Media Electronic Reporting: Authorized Program Revision Approval, State of South Carolina Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: This notice announces EPA’s approval of the State of South Carolina’s request to revise its National Primary Drinking Water Regulations Implementation EPA-authorized program to allow electronic reporting. DATES: EPA’s approval is effective May 10, 2017 for the State of South Carolina’s National Primary Drinking Water Regulations Implementation program, if no timely request for a SUMMARY: E:\FR\FM\10APN1.SGM 10APN1

Agencies

[Federal Register Volume 82, Number 67 (Monday, April 10, 2017)]
[Notices]
[Pages 17251-17252]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-07135]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2017-0135; FRL-9960-10]


Dinotefuran; Receipt of Applications for Emergency Exemptions, 
Solicitation of Public Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: EPA has received specific exemption requests from the West 
Virginia, Virginia, and Pennsylvania Departments of Agriculture to use 
the insecticide dinotefuran (CAS No. 165252-70-0) to treat pome and 
stone

[[Page 17252]]

fruit orchards to control the brown marmorated stinkbug. The applicants 
propose a use which is supported by the Interregional Research Project 
Number 4 (IR-4) program, has been requested in 5 or more previous 
years, and a petition for tolerance has not been submitted to the 
Agency. Therefore, EPA is soliciting public comment before making the 
decision whether or not to grant the exemptions.

DATES: Comments must be received on or before April 25, 2017.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2017-0135, by one of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the online instructions for submitting comments. Do not submit 
electronically any information you consider to be Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket 
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC 
20460-0001.
     Hand Delivery: To make special arrangements for hand 
delivery or delivery of boxed information, please follow the 
instructions at https://www.epa.gov/dockets/where-send-comments-epa-dockets.
    Additional instructions on commenting or visiting the docket, along 
with more information about dockets generally, is available at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Michael L. Goodis, Registration 
Division (7505P), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-
0001; main telephone number: (703) 305-7090; email address: 
RDFRNotices@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an 
agricultural producer, food manufacturer, or pesticide manufacturer. 
The following list of North American Industrial Classification System 
(NAICS) codes is not intended to be exhaustive, but rather provides a 
guide to help readers determine whether this document applies to them. 
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through 
www.regulations.gov or email. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information in a disk or 
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as 
CBI and then identify electronically within the disk or CD-ROM the 
specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When preparing and submitting 
your comments, see the commenting tips at https://www.epa.gov/dockets/commenting-epa-dockets.
    3. Environmental justice. EPA seeks to achieve environmental 
justice, the fair treatment and meaningful involvement of any group, 
including minority and/or low income populations, in the development, 
implementation, and enforcement of environmental laws, regulations, and 
policies. To help address potential environmental justice issues, the 
Agency seeks information on any groups or segments of the population 
who, as a result of their location, cultural practices, or other 
factors, may have atypical or disproportionately high and adverse human 
health impacts or environmental effects from exposure to the 
pesticide(s) discussed in this document, compared to the general 
population.

II. What action is the agency taking?

    Under section 18 of the Federal Insecticide, Fungicide, and 
Rodenticide Act (FIFRA) (7 U.S.C. 136p), at the discretion of the EPA 
Administrator, a Federal or State agency may be exempted from any 
provision of FIFRA if the EPA Administrator determines that emergency 
conditions exist which require the exemption. The West Virginia, 
Virginia, and Pennsylvania Departments of Agriculture have requested 
the EPA Administrator to issue specific exemptions for the use of 
dinotefuran on pome and stone fruit to control the brown marmorated 
stinkbug. Information in accordance with 40 CFR part 166 was submitted 
as part of the requests. The applicants assert that the rapid spread of 
large outbreaks of the brown marmorated stinkbug (BMSB) resulted in an 
urgent and non-routine pest control situation that is expected to cause 
significant economic losses without the requested use. The applicants 
propose no more than two applications at a rate of 0.203 to 0.304 lb. 
(maximum 0.608 lb.) of dinotefuran per acre, on up to 60,000 acres of 
pome and stone fruit grown in the requesting states, from April 1 to 
October 15, 2017. A total of 36,480 lbs. of dinotefuran could be used 
(maximum acreage at highest rate).
    This notice does not constitute a decision by EPA on the 
applications themselves. The regulations governing FIFRA section 18 at 
40 CFR 166.32(a)(7), require publication of a notice of receipt of an 
application for a specific exemption proposing a use which is supported 
by the IR-4 program, has been requested in 5 or more previous years, 
and a petition for tolerance has not yet been submitted to the Agency. 
The notice provides an opportunity for public comment on the 
applications. The Agency will review and consider all comments received 
during the comment period in determining whether to issue the specific 
exemptions requested by the West Virginia, Virginia, and Pennsylvania 
Departments of Agriculture.

    Authority: 7 U.S.C. 136 et seq.

    Dated: March 23, 2017.
Daniel J. Rosenblatt,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2017-07135 Filed 4-7-17; 8:45 am]
 BILLING CODE 6560-50-P
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